Barclaycard (MKDP) Sold to Hoist Portfolio

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

A discontinued claim cannot be brought back to life.

I suggest you check you facts. CPR 38.7 says otherwise.

-> https://www.justice.gov.uk/courts/pr...es/part38#38.7

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

A discontinued claim cannot be brought back to life. It's over unless the Defendant applies for the discontinuance to be set-aside which is hardly likely in your case This was four years ago anyway.

If you filed a Defence to the original claim then the Claimant cannot issue a new claim without making an application to the court with a jolly good reason (not the same or substantially the same facts as before).

The debtor can oppose the application at that point.

If the court allows the application (to re-issue) then a new claim can be issued (obviously).

At that point the Defendant has the opportunity to apply for a strike out of the new claim if appropriate.

From what I've read on your thread this debt will be SB soon (April) won't it? As the first claim was discontinued the SB clock went back to the beginning as if no claim had ever happened because that claim is now dead in the water.

I expect the chance of this claim being re-issued is as remote as the chance of me remarrying

Plan B x

[marypoppins]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Not necessarily but if it's been discontinued then they can resurrect it, albeit not as easily as issuing a new claim but it can be done. To clarify I'm specifically talking if they resurrect the claim.

CPR38(7) applies -> https://www.justice.gov.uk/courts/pr...es/part38#38.7

Let me check it out and clarify.

Did you have chance to check this Niddy?

[Roger]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I have also had my MKDP assigned to H2H Robinson Way.

OC was Barclaycard
DCA MKRR then MKDP

One thing I am annoyed with is this. I went to mediation with this debt and the mediator agreed a £1/month payment. It was quite a result for me with no court appearance required, etc.

Now Robinson Way say I have not made my first payment to them when I have an SO with MKDP and have not missed any payments. I sure hope this does not allow them to now seek further judgement against me?

Thanks MJ

Well Robinson Way's issue is with MKDP.
The mediation means you have admitted the Debt.
However Niddy says wait and see what they do.

[Roadster]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Before you went the UE route did statements show Interest and minimum payments? Did they ever send Current and or Updated Terms?

Hi sorry for late reply work been manic.
Last payment Dec 09 - CCA request Jan 10 - from Feb 10 no interest, no min payment on statements, interest added and payment request in Mar 14, then back to no int or payment to Oct 14, default date of Dec 14
Barclaycard sent me T&C plus blank application form in May 10 and again in June 15
All very odd if you ask me

[mauijim]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I have also had my MKDP assigned to H2H Robinson Way.

OC was Barclaycard
DCA MKRR then MKDP

One thing I am annoyed with is this. I went to mediation with this debt and the mediator agreed a £1/month payment. It was quite a result for me with no court appearance required, etc.

Now Robinson Way say I have not made my first payment to them when I have an SO with MKDP and have not missed any payments. I sure hope this does not allow them to now seek further judgement against me?

Thanks MJ

[jadex]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Barclays took 10 months to register a default on mine and I thought that was pushing it

But FIVE years!

I thought I was unlucky with my 9 months! last payment in December, default note from Mercers in following June, black mark on my credit file in September

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Yes the default is the correct date, for some unknown reason Barclaycard kept sending me statements with no minimum payment required no added interest or anything until the 1 random statement requesting a minimum payment. I assumed it was all on hold because they do not have a signed agreement.

For now I'd not worry about the default. See what happens next - keep us updated though yea?

[Roger]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Yes the default is the correct date, for some unknown reason Barclaycard kept sending me statements with no minimum payment required no added interest or anything until the 1 random statement requesting a minimum payment. I assumed it was all on hold because they do not have a signed agreement.

Before you went the UE route did statements show Interest and minimum payments? Did they ever send Current and or Updated Terms?

[marypoppins]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

No that's wrong and really needs amending.

Barclays took 10 months to register a default on mine and I thought that was pushing it

But FIVE years!

[Roadster]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Yes the default is the correct date, for some unknown reason Barclaycard kept sending me statements with no minimum payment required no added interest or anything until the 1 random statement requesting a minimum payment. I assumed it was all on hold because they do not have a signed agreement.

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

No that's wrong and really needs amending.

[jadex]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hello all
Way back in 2002 I took out a credit card with Sky (Barclaycard) in Dec 2009 I made my last payment and in Jan 2010 I started my unenforceability route. I received back a blank application form and replied with your template letters. From Feb 2010 until March 2014 I received statements that appeared to be "on hold" ie - no payments received and no minimum payment due and no interest/over limit/charges added. However on the March 2014 statement there was an amount added for interest and a figure in the minimum payment box. This I ignored. Aprils statement went back to being £ 0 £ 0 £ 0 etc right up till the last statement in October 2014 There were the usual chasing letters from Barclaycard all of which I replied with please respond to my CCA request. Then this was passed to Wescot in Nov 2014 - then to MKDP/MK Rapid Recoveries in March 2015 again I replied to their threats with "its in dispute until I receive my CCA" June 2015 I get another blank application form direct from Barclaycard with a covering letter from MKDP stating Reconstituted Credit Agreement enclosed. Various letter to and fro with me still requested original copy. Sept 2015 letter from Hoist Portfolio Holding 2 Ltd / Robinson Way stating they have been assigned this account. All letters have been ignored. Jan 2016 letter from HC Solicitors threatening legal action (ignored)letter the day after from Robinson Way saying my credit file has improved and they expect a payment (ignored). Letter today from Robinson Way saying that I have made no payments under the CCJ and threatening with Warrants, attachments etc.
Firstly there is no CCJ on this account so a bit bemused to the last letter.
Also am I correct in thinking that this account is statute Barred as no payment has been made to this account since Dec 2009. If so how can I politely tell them to go and do one.
Checked my credit file - no CCJ and debt is owned by MKDP - Default date is Dec2014
Sorry for the long winded post.

do I read the above correctly? 5 years to register default? can't be right, can it?

[marypoppins]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Not necessarily but if it's been discontinued then they can resurrect it, albeit not as easily as issuing a new claim but it can be done. To clarify I'm specifically talking if they resurrect the claim.

CPR38(7) applies -> https://www.justice.gov.uk/courts/pr...es/part38#38.7

Let me check it out and clarify.

Thank you

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

As both claims were discontinued OH's - Oct 2012 and mine just Dec15, is a strike out still required?

Not necessarily but if it's been discontinued then they can resurrect it, albeit not as easily as issuing a new claim but it can be done. To clarify I'm specifically talking if they resurrect the claim.

CPR38(7) applies -> https://www.justice.gov.uk/courts/pr...es/part38#38.7

Let me check it out and clarify.